§ 14. The debt collector's right to act on behalf of the creditor

When a creditor sends a claim to debt collection, they give the debt collector an assignment. The creditor is the one who owns the claim. It may be a shop, an electricity supplier, a gym, a tradesperson or a bank. The debt collector is the one trying to collect the claim on behalf of the creditor.

§ 14 says that the debt collector can do what naturally belongs to the debt collection assignment. This means the debt collector does not have to call the creditor to get permission for every single small step. If the case has been sent to debt collection, the debt collector can normally send a demand for payment (betalingsoppfordring), receive payment, follow up objections (innsigelse), propose a payment agreement (betalingsavtale) and consider further steps.

This is practical. Otherwise debt collection cases would constantly grind to a halt. If an electricity supplier has sent 500 claims to debt collection, the debt collection agency (inkassobyrå) cannot ask the electricity supplier for permission before every email, every payment reminder (purring) and every assessment. The assignment must give the debt collector a certain freedom to act.

But this freedom to act has limits. The debt collector cannot do just anything. The section says that the measures must have a "natural connection with the debt collection assignment". That is an important limit. The debt collector can do what is about recovering the claim. The debt collector cannot use the assignment as an open authority to make decisions that go far beyond ordinary collection (inndriving).

The most important limit concerns collection through the courts. Collection through the courts means the case is taken into the public court system. This could, for example, be a conciliation complaint, attachment or other legal steps. The law says that the debt collector can file a conciliation complaint or apply for attachment without express consent, because these are common steps in debt collection. But other collection through the courts generally requires the express consent of the creditor.

"Express consent" means that the creditor has clearly said yes. It is not always enough for the debt collector simply to assume it is fine. If the step is more serious or unusual, the debt collector must have clear approval.

The exception is an "urgent case". This means a situation where time is of the essence. If the debt collector must act quickly to prevent the claim from being lost or becoming harder to recover, the debt collector can in some cases do more without waiting for consent. But the threshold is high. It must not be used as a shortcut because it is easier for the debt collector.

What can the debt collection agency do without asking the creditor every time?

The debt collection agency can do the usual things that come with a debt collection assignment. It can send letters, demand payment, register payments, answer enquiries and follow up the case within the limits of the law.

It can also consider whether the case should proceed further. If you do not pay and do not have a valid objection, the debt collector can normally take the case further to the Conciliation Board (forliksrådet) or apply for attachment. The Conciliation Board is often the first step if the claim is disputed or needs a legal basis. Attachment means that the enforcement officer (namsmannen) can obtain payment from wages, a bank account or assets.

But the debt collector must still follow the rest of the Debt Collection Act. § 14 does not give permission to skip the debt collection notice (inkassovarsel), the demand for payment or the requirement of good debt collection practice (god inkassoskikk). It only says something about the relationship between the debt collector and the creditor. In other words: § 14 is mostly about whom the debt collector is allowed to act for.

For you as a debtor (skyldner), this means that you can normally deal with the debt collector. Once the claim has been sent to debt collection, the debt collector is the practical counterparty. You usually do not need to contact the shop, the bank or the supplier directly. If you pay the debt collector, this can discharge your debt under § 13. If you raise objections with the debt collector, they must also be treated as if you had said them to the creditor.

But you can still ask for documentation. If you believe the claim is wrong, you should say so in writing. The debt collector cannot just push the case forward without considering the objection. Even though § 14 gives the debt collector room to act, the debt collector must behave properly.

What happens if the debt collector goes too far?

If the debt collector does something without having the right to do so under the assignment, it may become a problem between the debt collector and the creditor. The creditor can say that the debt collector has gone beyond its authority.

For you as a debtor, the question is often more practical: Have you received the correct notice? Has the claim been explained? Have your objections been considered? Has the debt collector followed good debt collection practice?

If the answer is no, it may affect which costs you have to pay. Under Debt Collection Act § 17, the debtor may avoid having to pay debt collection costs (inkassokostnader) if the rules have not been followed or the debt collector has acted contrary to good debt collection practice.

This does not automatically mean that the principal claim (hovedkrav) itself disappears. If you owe NOK 3,000 for an item you actually bought, you may still owe the NOK 3,000. But fees (gebyr) and debt collection costs may be dropped if the collection has been carried out incorrectly.

If you receive a claim from a debt collector, you should first check who the claim originally comes from. Look for the creditor's name. Also check what the claim concerns, the principal amount, interest and fees.

If the claim is correct, you should pay by the deadline or ask for a payment agreement. Do this in writing, so that you have documentation.

If the claim is wrong, you should send an objection straight away. Write simply: "I dispute (bestrider) the claim because …" Attach documentation if you have it. This could be a receipt, a termination notice, an email, a screenshot or a bank statement.

Do not spend time arguing about whom the debt collector "really represents". Once the case has been sent to debt collection, the debt collector normally has the right to follow up the claim. What matters most is whether the claim is correct and whether the rules have been followed.